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September 22, 1962 - Image 1

Resource type:
The Michigan Daily, 1962-09-22

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See Page 4

C, C

Seventy-Two Years of Editorial Freedom


battled President Jose Maria
Guido, accused by the navy of
failing to halt bloodshed in
Argentina's military power
struggle offered his resignation



U.S. District Judge

Acquits Mississippi

Offic als







Mize Rules Trustees
Solely" Responsible
Justice Department Pledges Retrial
For All Three Men in Circuit Court
MERIDAN, Miss. (M)-United States Dist. Judge Sidney Mize
yesterday cleared three University of Mississippi officials of contempt
charges in the James H. Meredith desegregation case.
The judge held that "all powers were vested solely and con-
clusively in the board of trustees and not officials of the University.'
The faces of the three defendants-Chancellor John D. Williams,
Liberal Arts Dean Arthur B. Lewis, and Registrar Robert B. Ellis-

An Editorial...

legal problems

Kauper Cites
Legal Device
The Justice department and the
federal courts are taking the
easier method in dealing with the
University of Mississippi's refusal
to enroll its first Negro, James
Meredith, Prof. Paul G. Kauper
of the Law School said yesterday.
He noted the possible adverse
reaction of the local populace if
Mississippi Gov. Ross Barnett were
cited for contempt of court. "A
federal court would face a serious
question if it tried to find. the
governor in contempt of court and
subject him to the usual sanctions
of imprisonment, fine or both,"
Prof. Kauper said.
In This Respect
"In this respect, it is easier to
deal with regular university au-
thorities who clearly are subject
to the disciplinary power of the
federal court."
The courts will consider, he said,
whether the University of Missis-
sippi had legally delegated its
authority to the governor. Usual-
ly, the federal courts would follow
state law, but in the absence of an
interpretation by the Mississippi
State Supreme Court, the federal
courts can reach their own conclu-
Is Unlawful
"It might decide that the at-
tempted delegation is unlawful
and, therefore, the regular author-
ities are still accountable to carry
out federal court orders to admit
Meredith as a student," he added.
Prof. Kauper also noted that "it
was unusual for the federal courts
to interfere with the administra-
tion of state criminal justice,"
when the federal circuit court
barred the state from arresting
Meredith for his conviction for a
misdemeanor perjury offense.
"I suppose the justification here
is that the court viewed the con-
viction as a contrived ruse to ob-
struct Meredith's admission to the
University of Mississippi," he said.
To Block Integration
Calling Barnett's use of the in-
terposition doctrine to block Uni-
versity of Mississippi integration
"a convenient pretext to avoid
court decision," Prof. Kauper said

broke into wide smiles when the
judge ruled at the end of a three-
hour hearing.
Show of Emotion
The crowd of about 300 in the
court room, warned in advance
by the judge to leave if they felt
they couldn't restrain any show
of emotion, took the decision
The 13 members of the state
college board-named by the judge
as the ones with the real power
in the matter-are scheduled for
a hearing themselves on contempt
charges in the 5th U. S. Circuit
Court of Appeals at New Orleans
The justice department moved
against both groups-the three
school officials and the trustees
--inthe wake of Gov. Ross Bar-
nett's refusal to register the 29-
year-old Negro Thursday.
It Will Ask
In Washington, the justice de-
partment said it will ask the cir-
cuit court to include the three
university officials "along with the
university trustees in the order
to show cause why they should not
be held in contempt for refusing
to register Mr. Meredith."
The department said it will not
appeal the district court ruling
because "essentially the same
question" will be before the New
Orleans court.
The department added:
By The Courts
"We are taking this action be-
cause the university officials were
charged by the court to admit Mr.
Meredith and have failed to do
so. It is our conviction that they
cannot evade the court's orders by
seeking to turn over this respon-
sibility to the governor or anyone
else. The courts have ordered the
university to accept Mr. Meredith.
It is our responsibility together
with the courts to see that these
orders are obeyed, no matter what
course ultimately is necessary."
Barnett, clothed in the authority
of the state college board and Act-
ing as registrar, handled the mat-
ter personally in a dramatic meet-
ing with Meredith on the campus.
In turning away Meredith, hie
defied the orders of three federal
courts-ranging all the way up to
the U. S. Supreme Court-that
Meredith must be admitted and
114 years of segregation at the
institution must fall.
Despite the fact that the 64-
year-old governor took it upon
himself to reject Meredith's appli-
cation, the justice department
ignored him in aiming its legal

CONCERNED PEOPLE have awaited the
changes in the University's policy toward
outside speakers with hope that this institu-
tion would establish a truly free forum for in-
quiry and expression.
The Regents, however, perpetuated the mas-
querade yesterday with their newly announced
policy on Bylaw 8.11.
The policy, destined to become a formal by-
law next month, formally eliminates the ana-
chronistic and ludicrous prohibition against
speeches which "advocate or justify conduct
which violates the fundamental of our accept-
ed code of morals." This proscription has been
under attack for several years by all segments
of the campus.
The Regents claim that the new policy elim-
inates prior censorship entirely-certainly a
commendable step forward. Under the propos-
al, however, the Vice-President for Student Af-
fairs has the power "to certify that all appro-
priate steps have been taken before the event
is officially scheduled." This could give him
the power to deny use of facilities on any ex-
pedient ground. This is certainly an exercise of
prior censorship.
Moreover, student organizations will be sub-
ject to discipline if their invited speakers urge
an action which is then interpreted as a viola-
tion of legal statutes or ill-defined University
regulations. What criteria would be used to de-
termine what constitutes an action against state
or federal law and who would make the deci-
sion? The University certainly is not qualified
to perform the functions of the judiciary.
PRIOR CENSORSHIP is already included in
the proposed bylaw. The range of speech
topics would be more restricted than under the
present bylaw where speakers could not advo-
cate the subversion of the state by violence or
unlawful means. Under the new policy, they'
could not advocate or urge any action which is
illegal under federal or state law or which is
prohibited by any University regulation. The
policy, avowedly adopted to enlarge the scope
of expression, actually imposes a stricter perim-
For example, the policy makes it impossible
for a speaker to reach a positive answer to the
question of whether or not someone else should
advocate destruction or modification of our
government by violence or illegal means.

It prevents a speaker from advocating a con-
stitutional test case involving violation of a
state or federal law. And finally, a Panhellenic
national officer cannot come to campus and en.
courage the sorority presidents not to comply
with the Student Government Council regula-
tion requiring submission of adequate member.
ship statements.
The new bylaw thus would ban legitimate
discussion by non University personnel of the
desirability of protesting any University regula-
tions by a nonviolent resistance.
THE POLICY also draws an unjustifiable line
between the rights of students and faculty
and those not formally connected with the
University. The bylaw would not prohibit any
student or professor from advocating illegal
acts in a speech before a recognized student
organization. It would stop a professor from an.
other institution, an alumnus or anyone else,
from speaking.
University President Harlan Hatcher em-
phasized to the Regents that "the real purpose
of the University is to foster positively free
discussion and free inquiry." We agree. How-
ever, the proposed bylaw is a rejection of these
very words.
A free forum is simply that. Within the de-
mands of calendaring to avoid room conflicts,
there should be no restrictions on speakers or
on topics of speeches. No public institution in
the nation should adopt any speaker limitation
more restrictive than the Constitution's First
Amendment guarantee of freedom of speech.
Universities-charged with the particular
task of probing and examining all ideas of
concern to man-have a special obligation to
guarantee the widest latitude of expression.
The administration's policy on outside speak-
ers is but another example of the hypocrisy
which has marked the University's approach to
major issues in the last few years. A fine state-
ment of progressive principles should not be
used as a preface to an essentially regressive
policy. A philosophy has no meaning if it is
ignored when specific action is taken.
YESTERDAY'S ACTION displays either
duplicity or the lack of understanding of the
functions and concepts of a university.

... acting LSA dean
Board Sets
fLSA Deani
'Acting Post
The Regents yesterday approved
a one-year appointment for Bur-
ton D. Thuma as acting literary
college dean, effective this month.
Vice-President for Academic Af-
fairs Roger Heyns explained that
it was necessary to shift Thuma
from his position as associate dean
of the literary college to the acting
deanship because Heyns - who
until yesterday officially was both
Vice-President for Academic Af-
fairs and head of the literary col-
lege administration - found man-
agement of both jobs quite diffi-
Both Jobs
Heyns was promoted from dean
to Vice-President last February,
and since then had been trying to
carry out both jobs.
Since March, the literary col-
lege Deanship Committee has been
working on finding a man who
they feel is capable of being the
new dean. The number of theoret-
ically eligible candidates has thus
far made it impossible for them
to make a selection. I
"The Deanship Committee is
hard at work . . . it is clear, how-
ever, that the committee will not
be ready with recommendations for
some time . . . this (new) arrange-
ment has advantages over the
present administrative procedure,"
Heyns explained in a letter to the
Thuma had served as acting
dean 11 years ago.
Carrv Out Polities

Board Constructs
entative Action Would Eliminate
Censorship Provision of Bylaw 8.11
The Regents yesterday adopted a policy on non-University speak-
ers with the stated intention of liberalizing standing regulations
"to foster a spirit of free inquiry of a wide variety of issues."
The new speaker policy eliminates pre-censorship of off-campus
speakers' addresses, provides that no speeches may be given which
advocate action contrary to law, and establishes a committee to
enforce this policy and carry on a "public education program."
It will not go into effect until final Regents action is taken
next month, pending a committee discussion of outside speaker
restrictions, at the Michigan Co-
ordinating Council for Public
Higher Education, which will be
held in Ann Arbor next week.
Policy Passed Establishing
At the October Regents meet-
ing, the policy passed yesterday
may be approved as is, or modified
and .approved, or rejected. If ac-I ev e te
cepted, the regulations will replace
by-law 8.11.
This by-law for years has been By RONALD WILTON
a campus issue, for it supports The Regents approved a motion
pre-censorship of speeches by off- at their meeting yesterday recom-
campus lecturers, and prohibits mending the establishment of a
addresses which "urge the destruc-e terd fog t eeabci ohmen ing
tion or modification of our form center for research on learn n
of government by violence . . . and teaching under the Office of
or whichnadvocate or justify con- the Vice-President for Academic
duct which violates the funda- Affairs.
mentals of our accepted code of The idea for the center stems
morals." ddn from a committee created by Uni-
Vice-President for Student Af-i versity Vice-President Marvin L.
fairs James A. Lewis noted thatIversit ePrlsfd9ntostudy
under the proposed by-lawn Niehuss in the fall of 1961 to study
uners hprpwosed uy-la.,no"Programmed Learning and Re-
pre-censorship will occur. lated Activities." It was chaired
T Timely Discussion by Prof. Edward L. Walker of the
The policy statement encourages psychology department.
"timely discussion," but points out Commtteeared
that necessary restrictions must
be placed on certain topics. In its report, submitted in Jan-
It goes on to say that recognized uary 1962, the committee urged
student organizations are encour- that the University create a Center
aged to invite speakers to lecture on University Teaching with the
here, subject to certain provisions: aims of "providing maximum, as-
"The speaker must not advocate sistance to the faculty . . . in the
or urge the audience to take ac- task of providing effective instruc-
tion which is prohibited by the tion of the highest quality."
rules of the University or which The committee considered it im-
is illegal under federal or state portant that the encouragement
law. Advocacy of the subversion of of educational ,excellence be the
the government of the United basis for the center's creation.
States or of the State of Michi- They did not make a detailed
gan, or the urging of the modifi- statement of specific functions,
cation of our form of government saying instead that the center
by violence are specifically in- would evolve into "an institution
cluded in the above restriction." with a rather broad and flexible
- 7-Man Board range of activities."
To insure that this policy be As a Minimum
upheld, the Regents acted to es- However the committee did in-
tablish the Public Discussion Com- Hosevhrtthe conteehdidsin
mittee-a seven-man board com- sist that the center should, as a
posed of three student and three minimum be concerned with pro-
faculty members including the grammed instruction and should
Vice-President for Academic At- I assume the functions which the
fairs, who will chair the body. The Senate Advisory Committee on


tina's navy stepped into the
struggle between army factions
and proposed early today that
President Jose Maria Guido be
ousted in favor of a three-man
military junta.
The navy, taking the side of the
so-called loyalist army forces, was
reported pushing for immediate
acceptance of a junta made up of
navy Rear Adm. Carlos Sanchez
Sanudo; army Lt. Gen: Arturo

Ossorio Arana; and air force Com-
modore Oscar Lentino.
- The navy has also called for an
urgent meeting of leaders of both
sides in the revolt.
Sources said that a meeting
of factional leaders was called to
consider the navy proposal.
Among. those reportedly invited
were Gen. Juan Carlos Ongania,
head of the army rebels whose
revolt was sparked by fear of

military rule; Gen. Juan C
Lorio and Gen. Bernardino
bayru, ousted by Guido yest
from top army command posi
Col. Sanchez de Bustamante
Brigadier Cayo Alsina of ti
The development came a
gentina, its military forces
down the middle, teetered o
brink of civil war.

try vl ulue
~arls 1Thuma noted that he would "be
Ca the agent of the literary college
o La- executive committee, carrying out

Release Progress Report o 'U'1Co1ns]

terdayits policies, since the committee Vice-President for Student Affairs University Afairs suggested in
tions; would actually serve as dean. Were will act as PDC secretary. their report "A Center for Univer-
it not for this group, the duties I One of the committee's func- sity Teaching.
a will have as acting dean would be tions will be to determine what the The Regents also voted to in-
he air much harder." major proolems of the day are, clude the University in the Michi-
He added that he doubted that and endeavor to have speakers gan Higher Education Assistance
s Ar- the Deanship Committee will be invited to the University who can Authority plan and voted to ap-
split able to find anyone who will be present various sides of a given propriate $50 thousand for it.
n the able to take on the position of dean issue. The Authority has a plan where
before Sept., 1963. A second job for the committee individual schools deposit funds
would be the establishment of a with the Authority and it in turn
program of public education de- deposits these funds with the
signed to "create a general under- Treasurer of the state. The funds
standing of the University's rle are then held as a guarantee fund
as a forum." In doing this, the to protect loans to college students
I committee would be expected to made by participating banks and
ru tio prepare a statement describing guaranteed by the Authority.
the University's speaker policy and Bank to the Student
progress report on construction of variouspr Any organization which sponsors The Authority guarantees 80 per
r meeting yesterday. a speaker is held responsible for cent of the principal and interest
tich construction has been started since securing a lecture hall or other 'kof the loan made by the bank to
w music school building and a boiler for space for him.. the student. The program is only
work contractor has started work on This form must be certified by good for Michigan residents. The
and he uildng ontrcto isone of the group's officers and its funds for the University contribu-
and the building contractor is preparing noftegu'sfieran s tion comes from the Della M.
iilding. ~~~~~faculty sponsor. The Vice-Presi- to oe rm teDlaM
wilding.dcuy ptdtAfar 1 v Noble estate.
yid ad aprjec bdge o $15 i dent for Student Affairs will haveNblesa.
ds and a project budget of $1.5 million the responsibility to certify that University President Harlan H.
.st 9 and authorized the awarding of a "all apropriate steps" have been Hatcher also announced that the
she low bidder. The boiler manufacturer taken before the event is officially Regents had received an invitation
he boiler and specifications for bids for calendared. from Ann Arbor Mayor Cecil 0.
ogram are being prepared. Student organizations violating Creal to hold a meeting with the
and Astronomy Building is proceeding the provision of the proposed rul- City Council on University land
-,,,,- ,,_;+i byn"A lafi ing are subject to the procedures policy and building expansion. The

The Regents releasea a p
University facilities at their
The two projects on wh
the last meeting are the new
the heating plant. The site
the site of the music schools
to start construction of the bu
The Regents received bi
for the new boiler on Augu
contract for the boiler to t
is starting fabrication of th
the second phase of the pr
Progress on the Physics

_ _ .: .

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